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RIVERKEEPER SEEKS ROUTE 5 MODIFICATIONS Plan Would Free 77 More Acres of Waterfront Land, Increase City Tax Base

Buffalo, NY Aug. 8, 2008 – Buffalo Niagara Riverkeeper today announced an effort designed to convince the state Department of Transportation to move to an at-grade boulevard reconstruction of Route 5 in Buffalo that would provide 77 more acres of developable land for the Outer Harbor, bring the city significantly more tax revenue and not cost the state or federal governments more money.

At the same time, the simple project modifications Riverkeeper and its supporters call for would dramatically increase public access to Lake Erie and could be done over the winter in time for spring construction in 2009 – with no delay to the current construction timetable. “We are so close to doing this right, but we need to get the last pieces in place,” said Julie Barrett O’Neil, executive director of Buffalo Niagara Riverkeeper, the region’s premier waterway and water-quality advocate. “We’re asking DOT to keep Route 5 at grade, where current construction has placed some of it, and allow the first major Outer Harbor project to be done with a beautiful commitment to Buffalo’s future – and wins for all parties involved.” As a legal tool to ensure this modification happens, Riverkeeper and three other environmental and recreation groups today will file motions in an earlier lawsuit in U.S. District Court in Buffalo that would require the DOT to modify its Route 5 reconstruction plan to establish a four-lane boulevard between the Skyway and the Union Ship Canal.

The advantages of this plan are many, and include the following:

• 77 more acres would become available for prime waterfront use and development;
• State DOT can sell that “new” land – which is estimated to be worth $500,000 an acre or $38.5 million – and the road bed of the old Route 5 to offset the project’s costs;
• The city would gain significantly more waterfront land and return it to the tax rolls;
• No additional federal highway funds would be needed to complete the modified project;
• Waterfront access would be enhanced by the at-grade boulevard;
• There would be no decrease in the number of construction jobs for the project – most likely more jobs will be needed for the boulevard alternative;
• An at-grade boulevard leading to and from the current Skyway makes its eventual removal far more logical than if an elevated roadway feeds the Skyway.

As a tool to move this process to the most effective fruition, Riverkeeper today filed the motions against the state and federal transportation departments in an effort to get them to modify the Southtowns Connector/Buffalo Outer Harbor Project to achieve these reasonable goals. The lawsuit charges that federal and state agencies failed to adequately meet applicable environmental, historical preservation, transportation, highway and parks and recreation laws. The lawsuit seeks no monetary damages, but asks the agencies to follow required laws. “If we make a mistake here, we won't get a second chance," said South District Council member Michael Kearns, a plaintiff in the lawsuit. “Good infrastructure leads to good development. Our Outer Harbor has the potential for good infrastructure that will lead to great, historic development, if we make the right choices."

As currently designed, Route 5 would be restored to a somewhat elevated highway. Riverkeeper and its allies argue that since it’s been reduced to grade in the first phase of construction, it should be left at that level permanently. Seeing it at grade level today clearly demonstrates what an impediment it is when it’s raised.

Lucy Gibson, a traffic engineer with Smart Mobility Inc. of Norwich, VT, studied the project and said “this is a once-in-a-lifetime opportunity to get it right.” Her company, which has a national reputation for smart growth designed to enhance an area for future generations, worked on waterfront highways in New York City, Seattle and Florida.

“For a long time now, the elevated portions of Route 5 … have been perceived as great barriers to this area really becoming as great as it can be – a place where people can enjoy the waterfront,” Ms. Gibson said. ”So this whole big investment that the DOT is planning is a great opportunity to think about addressing some of those barriers.”

“The New York DOT found that the boulevard alternative would work. It would meet the traffic needs and the transportation needs and was really very feasible,” she said. “Getting the design right and the planning is really critical to helping this area reach its potential,” she added. [Complete B roll comments on video from Lucy Gibson, Council President David Franczyk and Kearns is available at www.bnriverkeeper.org.]

The current DOT plan under construction calls for using 127.4 acres of land for the new roadway and associated needs. The current Route 5 utilizes 121.3 acres. The Riverkeeper boulevard alternative would use 44.3 acres and achieve the same traffic flows, but at grade level and incorporate crossings to enable walkers, cyclists, canoeists, in-line skaters and kayakers to reach the lake. The boulevard plan saves 77 acres from what Route 5 uses now. The average difference between the current elevated portion of Route 5 and the land along either side is about 11 feet. The maximum difference between the DOT proposal for a new elevated portion and the Riverkeeper boulevard proposal is over 23 feet.

Commuting times would not significantly change, with an estimated maximum addition of three minutes of travel time if stop lights are utilized at intersections. The boulevard alternative has the support of Franczyk and Kearns, both of whom are also plaintiffs in the lawsuit. The mayor of Lackawanna, Norman Polanski, and Hamburg Town Supervisor Steven Walters and their council members were also invited to support the changes.

The boulevard would reduce noise, traffic speed and pollution while increasing available space and access. All planning alternatives over the last 30 years called for this sort of boulevard. The current work covers 2.55 miles with an average roadway width of 76.1 feet for the elevated highway. The alternative would be a four-lane boulevard – ironically similar to what is temporarily in place as work continues currently – at grade. This plan would also offer the possibility of dramatically more development along the waterfront – including greater investment and employment opportunities – because less land would be consumed by highway.

“We, as a community, are this close to getting it right. Let’s not fall short now,” said Ms. Barrett O’Neil. “All we need to do is get the state to modify its project over the fall and winter and when work resumes in the spring shift its thinking to the boulevard alternative, which is a major plus for the federal, state and city governments and especially the people of this region.” “We’ve waited so long for a positive, attractive and forward-thinking waterfront project. Let’s not have our children and grandchildren look back in 50 years and say ‘What were they thinking?’ Let’s make sure they say, ‘Wow, our predecessors really made this great.’ “

More about Buffalo Niagara Riverkeeper Buffalo Niagara Riverkeeper is a not-for-profit organization that uses legal, scientific, and policy tools to defend the Niagara River region, ensuring clean water, healthy environments, and access to those waters, for life and play. Buffalo Niagara Riverkeeper is a community based organization, founded by a group of concerned citizens in the 1980s. Riverkeeper is a proud member of the Waterkeeper Alliance, an international organization mobilizing local and regional chapters as well as thousands of citizens.